United States v. State of Washington

294 F.2d 830 UNITED STATES of America, Appellant, v. STATE OF WASHINGTON, Appellee. No. 17006. United States Court of Appeals Ninth Circuit. Sept. 1, 1961. Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis and George S. Swarth, Attorneys, Dept. of Justice, Washington, D.C., and Charles P. Moriarty, U.S. Atty., Seattle, Wash., and Charles W. Billinghurst, Tacoma, Wash., Asst. U.S. Atty., for appellant. John J. O'Connell, Atty. Gen., E. P. Donnelly, Sp. Asst. Atty. Gen., H. T. Hartinger, Asst. Atty. Gen., for appellee. Before CHAMBERS, ORR and HAMLEY, Circuit Judges. HAMLEY, Circuit Judge. 1 The United States brought this action against the State of Washington and others to quiet its title, subject to the rights of the heirs of Samson Johns, to accretions adjacent to ocean uplands owned by plaintiff. Judgment was entered quieting title in the United States, subject to the rights of the heirs of Samson Johns, to all accretions formed prior to November 11, 1889, when Washington became a state, and in the State to all accretions formed since that date. The dividing line between such accretions was held to be the line of ordinary high tide, defined as that line which the water had…